Terms & Conditions

Terms and Conditions

Our work for you

We aim to offer all our clients a quality mediation service at a fair cost and we are confident that we will do so in your case.

XXXX will responsible for your case. However, if this is not possible and in exceptional circumstances, we will reserve the right to change the Mediator assigned to your case. We shall endeavour to provide you with as much notice as possible of any change before your next scheduled Mediation session.

Your Mediator is responsible for:-

The organisation of each Mediation and associated administration

Facilitation of the Mediation.

We would ask you to agree to act in good faith to attempt to settle matters using our Mediation service.

Mediation is a voluntary, confidential process in which an impartial third party, the Mediator, facilitates negotiation between two (or more) parties on an agreed agenda of issues. The Mediator cannot provide legal or other specialist advice or impose agreements, and we cannot guarantee that the service we provide will result in an agreed set of proposals between the parties.

Payment of Fees

Our fees will be calculated based on the amount of time spent on your case.

Fees payable will be explained and an estimated total provided at the outset of your case and prior to engagement.

We reserve the right to review and change our fee structure from time to time and will advise you in writing of any increase in costs throughout your case.

Mediation fees are charged per party per mediation and will include VAT and must be paid on the day of the mediation.

Any additional fees for continuation of the mediation over and above the agreed time will be paid by each party on the day of the mediation.

Failure to pay Mediation fees in full when due, will result in you remaining liable for the Mediation fees.

You are responsible for any charges in respect of any payment made directly to us, for example, bank charges deducted for a bank transfer to us and a 3% charge on all major credit card payments whether made by phone or via our website.

Cancellation of Appointments

If you wish to cancel a scheduled Mediation, you must give ourselves and any other parties at least three working days’ notice before the date of Mediation, except in unforeseen circumstances. If you give no notice, or less than three working days’ notice of cancellation, you will remain liable to pay the Mediation fee in full for the relevant Mediation.

Mediation is a voluntary process from which either/any party may withdraw at any time. However, you will remain liable for any Mediation fees payable to Greens Solicitors Ltd. arising under these Terms of Business.

The Mediator, acting in his or her sole discretion may decide to withdraw from your case at any time (whether or not during a Mediation) on the basis that Mediation is no longer suitable. This will be without Greens Mediation, Greens Solicitors LLP or the Mediator incurring any liability to you, even if you and/or the other party wish to continue.

Disclaimer of Liability

To the fullest extent of the law, neither Greens Mediation, Greens Solicitors LLP nor the Mediator shall be liable to you for any losses, costs, expenses fees or any other liabilities arising from any act or omission in relation to the Mediation service provided, unless the act or omission is proved to have been fraudulent or involved wilful misconduct.

If owing to any exceptional unforeseen circumstance Greens Mediation or Greens Solicitors LLP must cancel a Mediation without adequate notice, we will not be liable to you for any fees, costs or expenses incurred by you (including without limitation court fees) arising from or in connection with such cancellation or non-attendance, except for the fees paid for the cancelled mediation.

Exceptional unforeseen circumstances in relation to these terms and conditions shall include:-

Illness, certified by a doctor’s certificate.

Epidemic or pandemic

Compliance with any law or government order, rule or regulation or direction, or any action taken by a government or public authority.

Acts of God, flood, earthquake, windstorm or other natural disaster.

War, threat of or preparation for war, or related/similar actions such as terrorist attacks, civil commotion or riot.

Severe adverse weather conditions

Fire, explosion or accidental damage.

Interruption or failure of utility service or services at the Mediation premises, including, but not limited to electric power, gas or water.

Collapse of building structures, failure of machinery, computers or vehicles.

Complaints

If there is an aspect of our service with which you are unhappy, please raise it with the Mediator dealing with your case.

In the unlikely event that he or she is unable to resolve the problem you should raise the matter with Miss Julie Maguire, Managing Partner (Non-Lawyer).

We have a written complaints procedure and you are entitled to a copy of this. We aim to deal with complaints promptly, fairly and in accordance with the complaints procedure.

Confidentiality in Mediation

Subject to the limited exceptions detailed below, you understand and agree that all discussions, negotiations, communications and disclosures (whether written or oral) within, before and during mediation are covered by the confidentiality of the Mediation process in accordance with the European Code of Conduct for Mediators and cannot be referred to as evidence in any court proceedings. (The provisions of which Code in this regard are deemed incorporated into these Terms and Conditions).

The only exceptions to confidentiality are as follows:-

Greens Mediation, Greens Solicitors LLP and the Mediator may disclose any information (whether or not confidential) where required by law or where we reasonably consider that there is a significant risk to the life, health or safety of a child or children, the other party of the Mediation or any other party.

For the protection of all of our clients and, as required by law, we operate a money laundering report procedure. If there is a suspicion of money laundering, information will be given to the appropriate authorities. Anti-money laundering regulations require us to obtain evidence of the licence incorporating your photography and address or your passport together with a further document verifying your address.

Storage of Papers

We will destroy all paperwork from your file within seven days of the conclusion of your case.

Communication by Electronic Mail

We will aim to communicate with you by such methods as you request. Unless you notify us otherwise, we may communicate with you and others in connection with your matter by email or fax but we cannot be held responsible for the security of correspondent sent by email or fax.

Data Protection

The Data Protection Act 1998 required us to advise you that your contact details will be held on our system after your file is closed and we may use these details for internal marketing purposes. If you do not wish us to use your details for this purpose, please notify us in writing. We may disclose these details to third parties where necessary for the purpose of the matter on which you have instructed us.

General

We work hard to give a good quality and efficient service. We are proud of approvals that we hold from Regulatory Bodies in recognition of our high standards. We may need to show that we keep these standards and unless you notify us otherwise, we will assume that we have your authority to produce your file and other documents and to give information for that purpose only, as an exception to our undertaking as to confidentiality

Information you give us about your affairs is generally confidential to Greens Mediation and Greens Solicitors LLP. However, in order to provide an efficient service to our clients, details of our dealings with you may be disclosed to our cashiering service, our costs draftsman, and our external storage provider, the Legal Aid Agency or the Solicitors Regulation Authority. On occasion we may need to use external agencies to provide administrative services for us such as typing, printing, or photocopying; and such agencies if used will also be obliged to keep your affairs confidential.

You acknowledge that in handling your affairs, we will need to liaise with solicitors acting for the other parties, barristers, courts, experts and other people who may be directly or indirectly involved in the transaction.

For the protection of all of our clients and, as required by law, we operate a money laundering reporting procedure. If there is a suspicion of money laundering, information will be given to the appropriate authorities. Anti-money laundering regulations require us to obtain evidence of the identification of clients. We may therefore require you to produce a driving licence incorporating your photograph and address or your passport together with a further document verifying your address. Directors and Officers of any company and Partners in any firm instructing us may also be asked to produce such evidence of identify. Where you do not attend at our offices in person, then a copy of identification documents certified as accurate by a solicitor, accountant or bank may be required.

You authorise us to discuss your affairs by telephone or in writing with any other person or professional where we believe it to be appropriate and in your interests to do so.

Unless in all the circumstances it appears to be appropriate or reasonable to divulge information, your affairs will remain confidential.

We will not be responsible after completion for reminding you of any specific dates within any agreement that fall due.

We may vary these terms of business from time to time by giving you reasonable written notice.

These terms of business are governed by English Law. By instructing us you agree that any dispute arising in connection with these terms or our services shall be subject to the exclusive jurisdiction of the English Court.

Equality and Diversity

Greens Mediation and Greens Solicitors LLP follow a strict Equality and Diversity policy which requires us not to discriminate in our dealings with clients, staff and third parties. We would be pleased to provide a copy of our policy upon request

Termination

You may terminate your instructions to us in writing at any time for any reason. However, we reserve the right to keep your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges on your behalf, you must tell us this clearly in writing.

Provided we have fulfilled our obligation to you to provide a professional service, we may terminate our agreement to provide services to you on written notice. This may be necessary where, for example, you fail to give us proper instructions, where continuing to provide our services would be impractical, unethical or unlawful, or you fail to pay our invoices in accordance with these terms

Indemnity Insurance

We are obliged to put in place professional indemnity insurance to cover the legal advice that we provide. Details of this cover are as follows:

This code of conduct sets out a number of principles to which individual mediators may voluntarily decide to commit themselves, under their own responsibility. It may be used by mediators involved in all kinds of mediation in civil and commercial matters.

Organisations providing mediation services may also make such a commitment by asking mediators acting under the auspices of their organisation to respect the code of conduct. Organisations may make available information on the measures, such as training, evaluation and monitoring, they are taking to support the respect of the code by individual mediators.

For the purposes of the code of conduct, mediation means any structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a third person – hereinafter “the mediator”.

Adherence to the code of conduct is without prejudice to national legislation or rules regulating individual professions.

Organisations providing mediation services may wish to develop more detailed codes adapted to their specific context or the types of mediation services they offer, as well as to specific areas such as family mediation or consumer mediation.

European Code of Conduct for Mediators

COMPETENCE, APPOINTMENT AND FEES OF MEDIATORS AND PROMOTION OF THEIR SERVICES

1.1. Competence

Mediators must be competent and knowledgeable in the process of mediation. Relevant factors include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.

1.2. Appointment

Mediators must confer with the parties regarding suitable dates on which the mediation may take place. Mediators must verify that they have the appropriate background and competence to conduct mediation in a given case before accepting the appointment. Upon request, they must disclose information concerning their background and experience to the parties.

1.3. Fees

Where not already provided, mediators must always supply the parties with complete information as to the mode of remuneration which they intend to apply. They must not agree to act in a mediation before the principles of their remuneration have been accepted by all parties concerned.

1.4. Promotion of mediators’ services

Mediators may promote their practice provided that they do so in a professional, truthful and dignified way.

INDEPENDENCE AND IMPARTIALITY

2.1. Independence

If there are any circumstances that may, or may be seen to, affect a mediator’s independence or give rise to a conflict of interests, the mediator must disclose those circumstances to the parties before acting or continuing to act.

Such circumstances include:

Any personal or business relationship with one or more of the parties;

Any financial or other interest, direct or indirect, in the outcome of the mediation;

The mediator, or a member of his firm, having acted in any capacity other than mediator for one or more of the parties.

In such cases the mediator may only agree to act or continue to act if he is certain of being able to carry out the mediation in full independence in order to ensure complete impartiality and the parties explicitly consent.

The duty to disclose is a continuing obligation throughout the process of mediation.

2.2. Impartiality

Mediators must at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.

THE MEDIATION AGREEMENT, PROCESS AND SETTLEMENT

3.1. Procedure

The mediator must ensure that the parties to the mediation understand the characteristics of the mediation process and the role of the mediator and the parties in it.

The mediator must in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement including any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.

The mediation agreement may, upon request of the parties, be drawn up in writing. The mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances of power and any wishes the parties may express, the rule of law and the need for a prompt settlement of the dispute. The parties may agree with the mediator on the manner in which the mediation is to be conducted, by reference to a set of rules or otherwise.

The mediator may hear the parties separately, if he deems it useful.

3.2. Fairness of the process

The mediator must ensure that all parties have adequate opportunities to be involved in the process. The mediator must inform the parties, and may terminate the mediation, if:

i. A settlement is being reached that for the mediator appears unenforceable or illegal, having regard to the circumstances of the case and the competence of the mediator for making such an assessment, or

ii. The mediator considers that continuing the mediation is unlikely to result in a settlement.3.3. The end of the process

The mediator must take all appropriate measures to ensure that any agreement is reached by all parties through knowing and informed consent, and that all parties understand the terms of the agreement.

i. The parties may withdraw from the mediation at any time without giving any justification.

ii. The mediator must, upon request of the parties and within the limits of his competence, inform the parties as to how they may formalise the agreement and the possibilities for making the agreement enforceable.

4. CONFIDENTIALITY

The mediator must keep confidential all information arising out of or in connection with the mediation, including the fact that the mediation is to take place or has taken place, unless compelled by law or grounds of public policy to disclose it. Any information disclosed in confidence to mediators by one of the parties must not be disclosed to the other parties without permission, unless compelled by law

Greens Commercial Mediation Ltd is a limited liability partnership registered in England and Wales. Registered number 08739184. Registered office: 8th Floor, Temple Point, 1 Temple Row, Birmingham, B2 5LG. A list of members is available for inspection at the above offices. Authorised and regulated by the Solicitors Regulations Authority (Reference 611988). We use the word ‘Partner’ to refer to a member of the Ltd or an employee or consultant with equivalent standing and qualifications. Solicitors in Birmingham | Copyright 2014 Greens Solicitors Ltd | All Rights Reserved | Powered by Win Media Ltd